Legal Question in Family Law in Australia

I am an australian living in italy and have fallen pregnant to an Australian resident. If I return to Australia to give birth, can he stop me from returning to Italy in the future?


Asked on 8/16/12, 3:20 am

1 Answer from Attorneys

Bruce Provan Harrington Family Lawyers

He can't stop you from returning to Italy or going anywhere else. But what he can do is to apply to court in Australia for an order to restraint you from taking your baby out of Australia. The court could make an order that if you decide to leave you have to leave your child behind to live with him or even another person such as a relative. The court would need to decide whether it is in the bests interests of your child to allow you to relocate to Italy with your child because that would probably mean your child has limited contact with their father.

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Answered on 8/19/12, 3:45 pm


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